Historical Evolution And Appearance Of Scientific Nature Of Civil Law

The scientific nature of civil law is an inevitable issue to the legislation and justice in moder society.This concept is based on the definition of scientific nature.Scientific nature is the nature of science possessed by certain object,which means there is an intimate relationship between the nature and its object and there isn’t an issue of scientific nature without any body and this nature isn’t embodied in everything.Scientific nature takes the science as its core meaning and the appearances of scientific nature are “following and mirroring the rules” and “the perfect logical system”.Correspondingly,the scientific nature of civil law is the nature of science possessed by civil law,which means scientific nature is an indicator and a property of civil law,as well as that civil law is comprehended and accepted through scientific nature to achieve the “common sense” by people.The appearances are “rules followed and mirrored” and “self-consistent system embodied”.The former includes the “rotation rules” and “revolution rules”,while the latter includes the “inner system”,“outer system” and the consistence between them.Scientific nature is the basic nature of civil law,which is decided by the instinct request of civil law as and the rules system of civil law.On one hand,civil law,as the superstructure,should reflect the economic bases,as well as the rules of productivity.What’s more,social itself is a system and the reflection of the social phenomenon is to be a corresponding system.On the other hand,there is a strict logical structure for the civil rule.The civil rule is under the structure of “hypothesis-behavior-results” which connects the subject,behavior and results.Besides,civil law is a rules system.The rank and sources of the rules’ effects are arranged by a certain order,which are the inner rules of civil law and the appearance of civil law’s formal rationality.All these contribute to the system requirement of civil law.In general,the developing course of scientific nature of civil law is “Sprouting period”-“Growth period”-“Mature period”-“Further developing period”.During the slavery period(antient times),the scientific nature of civil law was emerged.Although there were “code” in the Western Asia,Ancient Greek and Roman Area,and the rules were matched the economic level,as well as reflected the affiliation,transaction and compensation of mainly means of production(such as lands,farm cattle and boards),the “code” was only the collection of customs instead of legal system of modern meaning during the customary era,let alone the intimate relationship between civil law and religion and moral,the predominant status of identity and formality.Civil interpretation simply followed the “god’s words” and customs.In the later of antient times,the interpretation could abstract the general rules from accumulative cases instead of focused on the isolated cases.Influenced by the natural philosophy(a kind of philosophy of science),civil law abeyed the natural “harmonious concept”.In the Middle Ages,the scientific nature of civil law developed.The lands institution reflected the military affair,policy and the self-sufficient of small peasant economy.Based on the Christian doctrine,the decretalists proposed the principle of equality,“Private property is sacred and inviolable” and free will,which were imbedded in the modern civil laws.In the late Middle Ages,the city law and maritime law reflected the product means of early capitalism.Canon law adopted the “Geometrical paradigm” to construct the system by adopting the “constitutional standards” as its first principle.The number of statute law continuously increased when the Canon law and the Royal law fighted against the secular law and the domainal law respectively.The legal interpretation,derived from theology,was also shadowed with scientific nature and empirical charecter.Numbers of elites raised by university formed a professional group.However,the comprehensive civil law was lack of system and many rules conflicts existed.The manor was a kind of dominated by customs and laws were some dominated by religions.There were little spaces for science and philosophy of science.Only the deductive method was adopted in the interpretation and systems erected.In modern times,civil law focused on the facts and behaviors.The nature of Stability and Universal were well revealed by abstract concept,legal behavior,for instant.The inner value switched from individualism to socialism which reflected the changes of economy.The inner system,outer system,and the corresponding relation between them formed a perfect logical structure.The line between public law and private law was clear.There came two distinct tendencies in legal interpretation.The one was strictly following the civil code and civil rules.The other was considering the social and benefit distribution,which influenced by Free Law Movement.The logical positivism deeply influenced the scientific nature of civil laws.Legal methods were erected and the “Science” in methodology was formed.The rationalism influenced the system of French Civil Code,and the mechanical determinism deductived from Newtonian physics and analytic philosophy influenced the system of German Civil Code.So the philosophy of science influened the ereting of two civil law system(Institutes and Pandecten).In Contemporary period,the increasingly economy developing,the unity of regional economy,the strength of international trade,and the important constitution are all challenging the stability and authority of civil code,which calls for the changes in the civil law.All the four elements cause the decodification.The results of decodification are the numerous special laws,case law and special decree,which cause the rules conflicts.To achieve a perfect civil system,plus with the requirement of formal rationality,here comes the Recodification.Postmodernism inluenced the scientific nature of civil law,for example,the decodification reflected deconstructivism and the contextual theories provided philosophical foundation for legal dogmatics in justice.Civil Code(Draft)of Qing Dynasty,Draft of Civil Code of The Repubilc of China and Civil Code of The Republic of China demonstrated some developing characters of Modern China’s civil law: from the outer stress stimulated to the inner development stimulated,the spiral development of rotation rules and the “code” form.The three codes followed the scientific steps and continuously developed on the aspects of legal terms and experts’ legislation.There are some problems in China’s scientific nature of civil law,including reflection the rules in a lower level in legislation(civil law does not abey the “rotation rules” and “revolution rules”).This was caused by lack of scientific methods in legislation,lack of survey,democratic legislating,sentific spirits,civil theories and methods.Civil law is not in a good logic system,suche as ambiguous concept,unprofessional terms,conficts between rules and irrational arrangement of systems.This can be attributedto the historical reasons and legislative policy played some negative influence on it.There are some judical problems in legal basis,judging methods and judges themesleves,which were caused by jstice system(eg.curt management).The scientific codification of Chian’s Civil Code calls for professional method,experts,advanced theories and researching method,as well as science spirit.The scientific nature of civil law calls for judicial fairness,interpretating and filling up of the legal loophole with legal dogmastics method.Enhancing the level of juedges requires the perfecting the access system and training system as well as talent exchange scheme and erecting some management system.